Hyink v. Low Line Irrigation Co.
Montana Supreme Court
Appeals from District Court, Gallatin Comityj Ben. B. Law, Judge. Action by B. Iiyink against the Low Line Irrigation Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. There was no privity of contract between the plaintiff and defendant, and consequently the defendant owed no duty to the plaintiff, and the plaintiff could not, for that reason, maintain this action, or recover any damages suffered by him. (.Knowles v. Leggett, 7 Colo.
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Appeals from District Court, Gallatin Comityj Ben. B. Law, Judge. Action by B. Iiyink against the Low Line Irrigation Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. There was no privity of contract between the plaintiff and defendant, and consequently the defendant owed no duty to the plaintiff, and the plaintiff could not, for that reason, maintain this action, or recover any damages suffered by him. (.Knowles v. Leggett, 7 Colo. App. 265, 43 Pac. 154; Barstow Irr. Co. v. Cleghon (Tex. Civ. App.), 93 S. W. 1023; First National Bank of Longmont v.…
1Opinion of the Court
ME. COMMISSIONEE AYEES
prepared the opinion for the court.
In May, 1917, the H. S. Buell Land Company, a corporation, leased to the plaintiff until March 1, 1918, a section of land in Gallatin county and 400 shares of water for the irrigation thereof, the same to be furnished by the defendant corporation *404from its canal, subject, however, to the rules and regulations under which water is furnished therefrom. The right to the use of water owned by the defendant and furnished through its canals were represented by shares of the capital stock of the defendant corporation, and the Buell Company…
2Cases cited9 opinions
- Sawyer v. HoagSupreme Court of the United States · 1873
- Miners' Ditch Co. v. ZellerbachCalifornia Supreme Court · 1869
- Woods v. AyresMichigan Supreme Court · 1878
- Miller v. Imperial Water Co. No. 8California Supreme Court · 1909
- Berg v. Yakima Valley Canal Co.Washington Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Buttrey Foods, Inc. v. District Court of the Third Judicial DistrictMontana Supreme Court · 1966
- Gambles v. PerdueMontana Supreme Court · 1977
- Ralph Wolff & Sons v. New Zealand Insurance Co. of AucklandCourt of Appeals of Kentucky (pre-1976) · 1933
- Burtenshaw v. Bountiful Irr. Co.Utah Supreme Court · 1936
- Brady Irrigation Co. v. Teton CountyMontana Supreme Court · 1938
5 more not listed; retrieve them via the Exa API.